What is the standard of proof required by a court to issue a restraining order?

California, United States of America


The following excerpt is from Reed v. Edison, B297816 (Cal. App. 2020):

To issue a restraining order, the trial court must find by "clear and convincing evidence that unlawful harassment exists." ( 527.6, subd. (i).) "The standard of proof known as clear and convincing evidence demands a degree of certainty greater than that involved with the preponderance standard, but less than what is required by the standard of proof beyond a reasonable doubt." (Conservatorship of O.B. (2020) 9 Cal.5th 989, 998.) When "the clear and convincing standard of proof applied in the trial court, an appellate court should review the record for sufficient evidence in a manner mindful of the elevated degree of certainty required by this standard." (Id. at pp. 1000-1001.) "We resolve all factual conflicts and questions of credibility in favor of the prevailing party and indulge in all legitimate and reasonable inferences to uphold the finding of the trial court if it is supported by substantial evidence which is reasonable, credible and of solid value." (Schild v. Rubin (1991) 232 Cal.App.3d 755, 762.)

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